president bill powers said if the supreme court prevents that -- >> we would not be giving the kind of education to all of our students that would be preparing them to work in a global and diverse world, be a setback for our students and our society. >> reporter: powers says diversity benefits all students, but chief justice john roberts wanted to know how the university would determine when it had a critical mass of diversity on campus. justice anthony kennedy could be a key swing vote. he appeared skeptical telling the texas delegation what you're saying is what counts is race above all. justice sonia sotomayer said the decision looks to gut the law. a decision is not expected until spring. beth parker, fox 5 news. >>> bricks and mortar trying to compete with online retailers could mean good news for you, why it could lead to easier shipping of your holiday purchases this year coming up. >> and a rough day for the nats. >> the hopes of a historic season hang in the balance. the nats are in trouble blown out the second game in a row by the cardinals. they look back at what went wrong today at n